Posts for September 13, 2017
These are the posts
that are accumulated in our weekly newsletter which goes out throughout the
school year. The posts are organized by the major units in our Constitutional Law (5th ed.) student textbook.
I. Introduction to Law, the
Constitution, and the Supreme Court [See TOPICS 1-10 in the 5th
edition of Constitutional Law]
Here are some recent articles that are relevant to this unit:
How 'Friends' of the Court
Can Tip the Scales of Justice [Bloomberg, 9/12/17]: The nation’s highest
courts are hearing from a lot of “friends” these days -- outside parties who
weigh in on consequential judicial decisions by filing legal briefs. This week,
Bloomberg News is publishing a series of stories revealing how these friends aren’t always
who they appear to be. Sometimes, they’re paid lobbyists in disguise, helping
well-funded litigants attempt to tip the scales of justice.
Part
I [Bloomberg, 9/12/17] of this series can be found here:
II. Defining the Political
System: Federalism and Checks and Balances [See TOPICS 11-15
in the 5th edition of Constitutional
Law] Here are recent articles that are relevant to this unit:
III. The Political System: Voting and Campaigns
[See TOPICS 16-20 in the 5th edition of Constitutional Law] Here are some recent articles that are
relevant to this unit:
Court orders Rep. Darrell Issa to pay opponent Doug
Applegate $45,000 after failed defamation lawsuit [LA Times, 9/12/17]:
In November, Issa, a Vista Republican, sued Democrat Doug Applegate over attack
ads the congressman said hurt his reputation. In March, a judge said Issa
didn’t prove his case and sided with Applegate, who argued that he was
exercising his free speech rights with the television commercials, and that
Issa’s lawsuit was an attempt to silence criticism.
Splitting 5-4, Justices
Put Texas Redistricting on Hold [Politico / Election Law Blog, 9/12/17]: A divided Supreme Court is blocking lower court
rulings that ordered Texas to redraw some congressional and legislative
districts. The 5-4 order issued late
Tuesday means the state almost certainly will hold elections next year in
districts that were struck down as racially discriminatory.
Legislation and the Legislative
Process (TOPIC 20)
Progressive Democrats’ counter-argument to Trump tax
plan: a $1.4 trillion tax credit for the working class [SJ Merc,
9/12/17]: As Congress starts to debate President Donald Trump’s plan to
overhaul the tax code and cut corporate rates, a Bay Area Democrat is putting
forward a radically different tax proposal. Rep. Ro Khanna, D-Santa Clara, will
introduce a bill Wednesday that would give low-income and working-class
taxpayers a big tax credit — at a massive price tag.
IV. Criminal Law and Procedure (4th, 5th,
6th, and 8th amendments) [See TOPICS 21-28 in
the 5th edition of Constitutional Law] Here are some
recent articles that are relevant to this unit
Should the Law Permit
Sexual Contact Between Police and Suspects? [Justia, 9/13/17]: Professor
Colb comments on the law in at least three states that permits police officers
to have sexual contact with people they suspect of prostitution. Colb explains
the rationale behind these laws and argues that under three prevailing
philosophical approaches to the law—libertarian, feminist, and traditional
morality-based—such contact should not be permissible.
V. 1st Amendment
(Speech, Religion, Press and Assembly)
[See TOPICS 29-33 in the 5th edition of Constitutional Law] Here are some recent articles that
are relevant to this unit:
Trump administration draws
curtain of secrecy around immigration detentions [FAC,
9/12/17]: After President Donald Trump took office in January, ICE stepped up
its requests to local law enforcement to detain suspected undocumented persons.
But in April immigration officials stopped providing information on what
happened to those detainees. Journalists, scholars and politicians could no
longer find out why these immigrants were targeted
and whether they continue to remain in detention or were deported.
VI. 14th
Amendment, Discrimination, Privacy, Working, Citizenship & Immigration [See TOPICS 34-41 in the 5th edition of Constitutional Law] Here are some recent articles that are relevant to
this unit:
Privacy: 'Revenge
porn' victims will be able to maintain privacy in court under new law signed by
Gov. Brown [LA Tmes, 9/12/17]: The legislation by Assemblyman Bob
Wieckowski (D-Fremont) was introduced to protect the confidentiality of anyone
who brings a civil action against "revenge porn." Under the new law,
when a victim's pseudonym is used in court, it will also have to be used in all
pleadings, documents, proceedings and other case records.
Colorado cake maker asks Supreme Court to provide a religious
liberty right to refuse gay couple [LA Times,
9/12/17]: Sorry, guys, I don’t make cakes for same-sex weddings.” With
that blunt comment, Jack Phillips, a baker who designs custom wedding cakes,
sent two men out the door and set off a legal battle between religious liberty
and gay rights that comes before the U.S. Supreme Court this fall.
LDS Church, 22 Utah
senators back Colorado baker in Supreme Court case [Deseret News, 9/12/17]: They
put their names on amicus or friend-of-the court briefs supporting Masterpiece
Cakeshop owner Jack Phillips in his case against the Colorado Civil Rights
Commission pending before the U.S. Supreme Court.
Utah Supreme Court considers challenge of surrogacy law
from married gay male couple [Salt
Lake Trib, 9/12/17]: State is not defending the law, agreeing that it can be
read as gender-neutral.
International Law, Citizenship
and Immigration [TOPIC 40-42]
Supreme Court allows Trump refugee
travel ban [Jurist, 9/13/17]: In a
one-sentence order issued Tuesday afternoon, the US Supreme Court blocked a
Ninth Circuit Court of Appeals ruling in the matter of Trump v. Hawaii, thereby
allowing the administration's travel ban to go into effect.
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